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Bay Area Criminal Defense Blog

DUI with Child Passengers Leads to Increased Penalties

Posted by Lynn Gorelick | Jun 16, 2016 | 0 Comments

A conviction for driving under the influence can lead to a suspended license and thousands of dollars in fines and fees. However, even if no one was injured, driving under the influence with a child passenger can lead to child endangerment charges. A DUI conviction with a passenger in the car under the age of 14 can result in mandatory jail time, in addition to DUI penalties.

Under California Vehicle Code 23572, a first-time conviction shall be punished by imprisonment of 48 continuous hours in the county jail, no part of which shall be stayed. A second DUI with a child in the car is punishable by 10 days in prison, and a third DUI with a child passenger carries a 30-day sentence.

In Ohio, a 12-year-old boy called 9-1-1 from inside his mother's car to report her driving under the influence. “My mom's really drunk,” the boy says. The child told the dispatcher they were in a white car, and his mother had consumed a lot of clear liquids while she was driving. Police officers finally caught up to the white Ford Escort and pulled the vehicle over.

Tanisha O. Robinson appeared confused and disoriented. She admitted to drinking vodka at a party earlier in the evening. Her blood alcohol level was tested at above the legal limit. She is facing charges of driving under the influence and three counts of child endangerment.

Another Ohio driver was recently arrested for drunk driving with 5 children in the car. Police initially pulled over Michael Taylor for having too dark of a tint on his windows. Police report Taylor had bloodshot eyes, and slurred speech. He also falsely stated he was a police officer. The man had five children under the age of 11 in the car, as well as open cans of beer, a cooler full of beer, and a cup of alcohol. He was charged with a DUI, child endangerment, and driving on a suspended license.

Kentucky State Police pulled over a vehicle that was traveling at 95 miles per hour. When they approached the driver, they noticed two other adults, one with an infant on her lap, and five other children riding unrestrained in the vehicle. The police officers suspected the driver was under the influence of alcohol and arrested the other two adults as well.

The driver, Sheena Caesar, of Chicago, faces multiple charges, including six counts of first-degree wanton endangerment, DUI, reckless driving, speeding, driving without a license, booster seat violations and failure to use child restraint devices. The other adults were charged with endangering the welfare of a minor.

A woman in Oklahoma tried to get her 13-year-old daughter to blow into her ignition interlock device so she could start the car. Kayla Martin-Weliwita was not able to start her car because she was intoxicated. Instead, she asked her daughter to blow a clean breath to she could drive. Her daughter refused, and they got into a fight. Police were called, and now the mother faces charges for public intoxication, child abuse, and neglect.

At the Gorelick Law Offices, attorney Lynn Gorelick has dedicated her legal career to defending drivers charged with a DUI in the East Bay. With more than 30 years of experience, Lynn Gorelick understands how a DUI conviction can affect your future, and how to fight to keep a conviction off your record. If you are a driver facing a DUI, contact the local East Bay DUI defense attorney who understands that you do not have to plead guilty just because you were arrested.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for 30 years. She is the Attorney Lynn Gorelick is the President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense.

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